Workers’ compensation claims are only rarely straightforward. Usually, they involve intricacies that most people are unaware of. And these complications can end up affecting the amount you can recover with your compensation award. Victims who work with a qualified Nashville workers compensation lawyer are more likely to get fairly compensated than otherwise.
Why Hiring A Workers Compensation Attorney Is A Good Decision
Attorneys specializing in workers’ compensation cases know all the ins and outs that most people don’t, allowing them to bring valuable experience and insights to the table. The goal of a worker’s compensation award is to get reimbursed for all the losses you sustained, and a capable lawyer will ensure that you get a fair payout for all your losses.
Your lawyer will begin by assessing your case, all the factors involved, and the extent of damages you suffered. Usually, it’s a good idea to wait some time and get an idea of the maximum medical improvement (for disabilities) from your doctor, before demanding a fair compensation amount.
Your lawyer will also factor in how the injury/accident affected you physically and mentally, and if they can see that you won’t be able to carry on with the same line of work, they’ll also fight for vocational rehabilitation benefits as well to help you get back on your feet.
Your attorney will also help you file the worker’s compensation claim form to initiate the process. If your claim is denied, your lawyer can help you file an appeal so that you can continue to fight for your rights. Of course, with solid legal representation, you will be able to present your case from a much stronger position.
How Does Workers Compensation Work?
According to the Tennessee Code Title 50 – Chapter 6, when an employee is injured on the job (even if outside the workplace), they can file a worker’s compensation claim. Even if the injuries resulted from an accident, through no fault of the employer or the employee, the victim deserves compensation for any medical costs and other losses.
Disabilities, both short-term and long-term, force employees to stay off work for some time.
For this duration, the employee can demand disability benefits which amount to two-thirds of the employee’s pre-disability earnings. The duration of the award depends on whether the disability is temporary or permanent and the exact nature of the disability itself.
Plus, you can also claim vocational rehabilitation benefits if you need to prepare for a different line of work. This is the case when a disabled worker can no longer continue working for the same employer, or in the same capacity, due to their disability.
What If Your Employer Does Not Have Insurance Coverage
Having insurance coverage is not a matter of choice – it is the law and employers all over are obliged to abide by it. Failing to do so can result in employers being charged with a felony and subjected to hefty fines. Employees can report non-compliant or uninsured employers to the Tennessee Bureau of Workers’ Compensation.
The best way to approach the matter would be to discuss things with your lawyer first.
Can You Sue For a Workplace Injury?
If gross negligence from the employer was also a factor, such as failing to make adequate safety arrangements despite a noticeable threat, you may also be able to sue them personally. This brings a different angle to the table, one that requires you to have an attorney on board.
You can sue your employer personally for any damages you sustained if they were a result of negligent behavior on their part. Of course, in this case, the liability principle of personal injury cases would apply and the employer would be liable for any losses that the worker sustained, including non-economic damages (such as pain and suffering).
Our Nashville Workers Compensation Lawyers Are On Your Side
Need expert help to demand fair compensation for all the losses you had to bear due to a workplace accident? Well, our Nashville workers compensation lawyers are here for you. Let’s start with a free consultation session – no commitments – so that you can understand your case.
And then we’ll show you how we can help you get compensated fairly!